Réflexions sur le contentieux de la responsabilité médicale

Medical activity is not risk free, but for many years (since 1936 in France) it is accepted that healthcare professionals are not obliged to provide cure but rather the means to achieve cure. An expert is designated in most of the court cases concerning medical responsibility. This expert is chosen by the judge from a pre-established list. To be enrolled on the list of judiciary experts, candidates must apply and meet a certain number of criteria set by administrative decree. Medical expertise is a determining factor in the procedure. The conclusions of the expert inform the judge who uses them the make the final decision.